Wearable Pedicure Protection Device

ABSTRACT

A pedicure protection system described and disclosed is comprised of an insert worn directly on the foot. The insert can be worn alone or with a shoe and allows walking mobility of the user. The insert is a separate entity and can be worn inside of any shoe that has sufficient space for accommodating the insert. The device or insert, consisting of a cover and a base, is connected by a hinge and the cover may contain no sidewalls. The length of the device protects the foot from the toes to the instep and prevents any physical contact with the toenails. The base may include a continuous toe strap and an elastic band that lies across the instep to help stabilize the device on the user&#39;s foot and keep the cover closed. A separator protrudes from the base and provides structural support on which the cover rests when closed.

This application is a continuation in part (CIP) of and claims the benefit of related U.S. patent application Ser. No. 13/448,169, entitled “Wearable Pedicure Protection Device,” filed Apr. 16, 2012, which is hereby incorporated by reference.

FIELD OF INVENTION

The present invention relates to footwear and more particularly to a reusable pedicure protection system, that, prevents damage to injured, painted or treated toenails. It consists of an insert and a shoe with a certain shape and size. The insert, which is comprised of a cover and base, can be worn with or without shoes. The described shoe differs from a standard shoe, as it consists of an expandable toe box area that accommodates the insert. When the shoe is not in its expanded form, it has the size and fit of a standard shoe, and therefore can be worn like a standard or regular shoe. The user of the footwear or device (insert with or without the shoe), has the freedom to walk about indoors or the outdoors while their toenails are drying. The device is particularly useful when flip-flops or any other footwear that permit toenails to be exposed cannot be worn. The device prevents physical contact between the toenails with any other surface. The device is especially useful when obtaining a pedicure and the necessary time required for toenail drying is not available or when protecting damaged or medically treated toes.

BACKGROUND OF THE INVENTION

People frequent manicure and pedicure salons as part of their beauty regimen, often having their nails painted as part of the treatment. After the application of nail polish, considerable time is typically spent under the nail dryer to ensure that the polish dries and doesn't smudge when the nails come into contact with other objects. For a pedicure, the toenail dryer reduces the likelihood of smudging or damage when the toenails come into physical contact with shoes or other objects. When the dryer, however, is not used for the required amount of time an appropriate means is necessary to maintain the integrity of the treatment after leaving the salon. People who do their toenails at home also face a similar challenge of protecting their pedicure from smudging. Some options to protect treated toenails or damaged toes are available, however, these have significant disadvantages. These options include:

-   -   Wearing open toed shoes: during adverse weather such as cold         temperature or rainy days, this would be impractical. During         warm weather this would be problematic for someone who is         driving, or even taking public transportation where the toes can         be stepped on and exposed to potential trauma. Such footwear may         also be inappropriate for certain places, for example an office         environment     -   Use of toe wrappings: that is, wrapping one's toes in saran wrap         before placing the foot in closed toe shoes. This is not         foolproof and smudging still occurs     -   Use of a dryer: that is, sitting under a toe dryer for a short         period of time. Even if the toe nail polish is dry enough to         resist a light touch, it can be smudged by more heavily applied         pressure, such as may occur in other footwear or in situations         where the toes come into contact with more pressure.

As a solution to the challenges mentioned above, devices have been proposed to address the issue of wearing closed toe shoes without smudging painted or treated toenails. Some examples include U.S. Pat. No. 7,296,367 B2 to Kipnes; U.S. Pat. No. 7,134,225 B2 to Ashton; U.S. Pat. No. 7,421,807 B2 to Condie; U.S. Pat. No. 7,681,332 B2 to Allen, US Patent Publication US 2010/0263237 A1 to Cuellar, and U.S. Pat. No. 5,946,823 to Yates. They are all variants of a design concept for a shoe with a removable toe covering which in theory never touches the user's toes. These structures have certain disadvantages such as:

-   -   (1) Toenail protection comes only with wearing the particular         specialized shoes. The user must therefore commit to buying a         pair of the specialized shoes, which can be costly, especially         if multiple pairs are required to create more wardrobe options.         For example, in the case of U.S. Pat. No. 7,421,807 B2 to         Condie, although the structure can be applied to different         styles of shoes, the user must still buy the pair of shoes. The         Condie (U.S. Pat. No. 7,421,807B2) device also cannot be worn to         bed or even indoors without wearing shoes.     -   (2) The style of the shoe may not be suitable for certain         environments or weather conditions. The shoe design of U.S. Pat.         No. 7,681,332 B2 to Allen would not be appropriate for winter         weather as it does not facilitate the wearing of socks and         moreover a substantial part of the foot is exposed. The same         situation also applies to U.S. Pat. No. 4,644,669 to Greco.         Although Greco describes a feature of a heat resistance device,         the device is made of textiles and therefore does not have the         properties of a heat resistance material like plastic. Under         U.S. Pat. No. 5,946,823 to Yates, over half of the user's foot         is exposed.     -   (3) The toe covering in these shoes as in the patent application         US Patent Publication US 2010/0263237 A1 to Cuellar, is also in         some cases completely removable, which can then be misplaced or         lost, rendering the shoe unusable for a toe protection purpose.     -   (4) In cases where the toe covering is not completely removable         as in U.S. Pat. No. 7,681,332 B2 to Allen, where the cover and         base are attached by a hinge, the cover has a dome-shaped         configuration with a cover, base and sidewalls. In this         structure, the dome shaped cover is made of a hard plastic         material. For a user with a wider foot, the outer sides of the         big toe and/or the smallest toe could easily come into contact         with the inside edge of the dome. In some cases, a medical         condition, such as bunions on the big toe and smallest toe can         increase the likelihood of this further. Additionally, contact         between the sides of the foot and the sides of the rigid         dome-shaped cover can create uncomfortable friction and abrasion         on the foot. The sides of the cover of the Allen patent are an         integral part of the design, not only for toe protection         coverage but, in particular, this is the surface on which the         hook and loop fastener are used to keep the cover in the closed         configuration. Therefore in this invention, the sidewalls are a         structural necessity as there is no other way to keep the cover         closed. Further, the Allen device spans the entire foot and         appears to be designed as a shoe replacement and not as a shoe         insert.

In the area of shoe inserts, other proposed devices appear to address pedicure protection and medical foot problems, including but not limited to post operative recovery, correction of toe alignment, and bunions. However, they lack the structural elements that would make them suitable as an insert that prevents smudging of toenail polish applied on the user's toe. One such example is the insert device disclosed in U.S. Pat. No. 4,745,927 to Pecorella, used for toe alignment, which consists of just a base and no cover. The Pecorella insert provides no protection for the toenails and given that the base consist of a semi-rigid material, there isn't an obvious means of attaching, to the insert, a cover with a more rigid structure that can open and close for multiple cycles. Even if a cover were added to this device, there is no structural element, which would prevent the cover from touching the user's toenails. Another problematic component of this structure is the strap around the large toe that keeps the toe in contact with the base. Due to the shape of the base under and around the anchored big toe, which includes a narrower width at the toenail (distal end of phalanx) than at the big toe's knuckle (joint of the distal and proximal phalanx) and the slit in the base on the inner side of the large toe, the strap may easily slip up the toe and onto the toenail. This movement of the toe strap may not be of concern if the device is used as a toe straightener, however, it could smudge the toenail polish.

Another device is a variant of a toe covering apparatus, US Patent Publication US2003/0213149 A1 to Woods. The Woods' device is an external attachment to an open toe surgical boot, made to protect the wearer's toes. It is specifically designed for use with an open toe boot, where there is no limit to the size of the space cavity created around the toes. The Woods device is not designed to be used as an insert in a closed type of shoe and therefore is not constructed to allow the wearer's foot to slip into and out of a shoe. In Woods' device, the toecap can be a molded shape, with a cover, base and sides. The cover and base cannot be physically separated from each other as there is no hinge joint and, in fact, the cover and base are designed and shaped as a one piece mold. The toecap is removed as a whole, that is, both the cover and base act as one piece, since there is no hinge or living hinge between the cover and the base. A living hinge is a thin flexible hinge made of the same materials as the two ridge pieces it connects. The living hinge is typically thinned or cut to allow the pieces to bend along the line of the hinge. In iteration, the toe covering is a flat shape, which can be folded into a shape with a top, bottom, and sides, attached to each other by interlocking flaps. For a flat shape capable of bending and to stay in the folded position, the material would necessarily need to be quite soft and malleable. Hence, with application of pressure the desired shaped cannot be maintained. The combined application of pressure and the absence of a support structure to reinforce the space between the toe and the cover would result in the cover coming into contact with the surface of the toes, and thus making it ineffective as a pedicure protector. The molded version cannot open and close and the flat version cannot maintain a rigid shape. In the flat version, the area where it bends is not a living hinge, the material bends because it is soft and flexible.

Additionally, in the Woods' device, the sides as well as the top and base are an integral component of the insert. The sides of the toe cover, especially when made from a molded inflexible material, can cause friction where the outer sides of the big toe, and the smallest toe meet the sides of the toe cover, leading to discomfort. This would especially be enhanced if the user has corns, bunions or any affliction that causes swelling or protrusion along the sides.

The same or similar limitation exists with Cuellar (US2010/0263237 A1), which consists of a rigid toecap that encapsulates the toes on the top, the front and the sides. While there may be a space cavity between the top of the toes and the cover, there isn't one specified for the sides of the foot. Friction between the outer sides of the first and last toe is also more likely due to the existence of separators between the toes, which spread the toes further apart.

Cuellar's device also details an external removable protective cover, which is attached to the shoe by an arch shaped band containing magnets. A detachable covering can be lost and render the shoe useless as a pedicure protector. The band across the instep as described in Cuellar is specified to maintain a non adjustable arched shape, which coincides with the shape of the toe covering and 1) therefore must be made of rigid material and 2) would not change with the size of the user's instep or foot in general, posing a problem with the fit. This differs from the elastic band across the instep for the device outlined in this application, because it is made of elastic and therefore adjusts with the user's foot. The rigid band in Cuellar also has a different structure and use to the one described in this application. Cuellar's device is rigid and keeps the cover attached to the shoe, while the device in this application contains a soft and flexible elastic band that adjusts to the wearer's foot size and keeps the cover closed.

Tornetta U.S. Ser. No. 13/196,473 describes a device to protect pedicures, in which there is a main body and cover that are totally and separately detachable. The important characteristics of Tornetta's device are that: (i) the device covers the front, top and the sides of the foot; (ii) the upper surface (cover) and main body (base), are attached by a plurality of extrusion edges found in both the surface and main body and that correspond to each other; and (iii) loop separators that stabilize the toes to the main body, and have elastic properties. One limitation of this device is that the foot is encased within the protector with a rigid cover. Therefore, depending on the width of the user's foot, if too wide, would result in friction between the outer sides of the big toe and the smallest toe and the surface. Another limitation is that the surface is totally detachable and removable and can easily be misplaced. The other important limitation is that while the loop separators may have elastic properties, there is no means of adjusting the tension, which would be problematic in maintaining the proper toe positioning.

Another footwear device detailed as a shoe but also with an insert version is described in Heid US2009/0113759 A1, which details therapeutic footwear for repositioning of the great toe and/or spreading the wearer's toes. The Heid device appears to be for certain therapeutic purposes and is not designed to protect the toes from contacting other surfaces, the insert version consists of only a base, and not a cover. Inserts comprised of just a base can easily fit into conventional footwear, which would be the case for the Heid device. For an insert with a rigid cover, the space provided around the toe area of the shoe must be adequate, which in a conventional shoe, isn't the case. One cannot therefore simply add a rigid covering to Heid's device, for example as seen in the Woods' device. Heid's device is described as a shoe itself and not an insert. The idea of adding a cover to the Heid insert is not described or disclosed. Rather, the cover described is part of the shoe and not a part of the insert itself.

SUMMARY Objects and Advantages

In light of the limitations and disadvantages mentioned in the previous patents:

(a) One object of the invention is to provide a device that protects the user's toes from physical contact with other surfaces thus protecting damaged or treated toes. (b) Another object of the invention is to provide a pedicure protection system that allows the user to wear shoes shortly after a pedicure without damage to painted or treated toenails. (c) Yet another object of the invention is to provide a pedicure protection system that is worn directly on the foot and enables the user to walk about comfortably, both indoors and outdoors. (d) A further object of the invention is to provide a pedicure protection system comprised of an insert, which gives the user the flexibility to wear a variety of weather appropriate shoes or no shoes at all. (e) A yet further object of the invention is to provide a pedicure protection system that limits movement of the toes thereby preventing contact with the device's surface when the user is in motion. (f) Another further object of the invention is to provide a pedicure protection system that can be easily cleaned. (g) A yet another further object of the invention is to provide a pedicure protection system that can be made in a variety of sizes and out of material that is durable yet comfortable on the skin.

Other advantages of the invention will become apparent from the ensuing description and accompanying drawings. In accordance with one embodiment, the pedicure protection device is composed of an insert that encompasses and is worn directly on the forefoot. The insert is composed of two pieces that may be connected by a hinge. The cover is designed to open and close at the hinge without touching the toenails. Straps that run across the big toe, the adjacent second toe and the elastic band over the instep, anchor the foot to the base and allow the user to walk comfortably. The curved shape of the cover 13 above the toenails creates a cavity separating the toes from the cover. A protruding separator extends upwards between the big toe and the adjacent second toe to support the cover against downward pressures. This helps to maintain the space cavity between the toenails and the cover. The elastic band across the instep also serves to keep the cover closed. The material used to make the cover and base will be thin due to the limited space in a shoe, but rigid so that it maintains its shape. As this device is not a part of or attached to a shoe, the user can optionally wear the device as a shoe insert, or walk around comfortably without shoes. It can be worn either with regular shoes with the necessary space in the toe cavity, or with the shoes with an expandable toe box.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 shows a perspective view of the embodiment with the device having the cover in the open position as made for the right foot.

FIG. 2 shows a lateral view of the embodiment with the cover of the device closed as made for the right foot.

FIG. 3 shows a top view of the embodiment with the cover in the open position as worn by the user's right foot.

FIG. 4 shows a top view of the embodiment with the cover in the closed position as worn by the user's right foot.

FIG. 5 shows a lateral view of the embodiment as worn by the user inside of a shoe.

FIG. 6 shows an alternative version of the device with two pivotal points for the cover positioned on the left and right side of the foot.

FIG. 7 shows a top view of an alternative version of the device with one pivotal point on the side of the foot.

FIG. 8 shows a top view of another alternative version of the device with a different means of attaching and securing the cover closed.

FIG. 9 shows a lateral view of the shoe in the closed position designed to accommodate the device.

FIG. 10 shows a lateral view of the shoe in the open position with the device.

FIG. 11 a shows a diagrammatic representation of the left side of the base (anchoring elastic band and cover not shown) showing the continuous ribbon and slit arrangements in the base.

FIG. 11 b shows a diagrammatic representation of the right side of the base (anchoring elastic band and cover not shown) showing the continuous ribbon and slit arrangements in the base.

FIG. 12 shows a lateral view of the device with the cover designed with open sides to accommodate the user's toes and foot.

DRAWINGS Reference Numerals

 9 curvature of top cover 10 cover 11 base 12 hinge 13 space between toenail and cover 14 anchoring flaps or tabs 15 adjustable toe straps for big toe 16 adjustable toe straps for adjacent second toe 17 adhesive material 18 toe separator 19 holes or apertures for elastic band 20 elastic band across instep 21 nonadjustable toe straps made out of flexible material 22 pivotal joints 23 strap to maintain cover closed 24 adhesive material 25 adhesive material on cover 26 shoe zipper 27 inner sole 28 top of shoe 29 outer sole 30 ribbon toe strap 31 Velcro on ribbon - hook 32 Velcro on underside of insert base - 33 padding for base loop 34 anchored end of ribbon 35 anti-slip lining on underside of base 36 slits or apertures for toe anchoring straps 37 open spaces or no sidewalls on the device on left and right side of insert exposing the sides of the user's toes 38 curved shape of insert cover 39 convex shape of cover above separator forming a cavity

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

Described herein is a foot device designed to protect injured, painted or treated toenails from damage through contact with other objects. The device is comprised of an insert covering the foot from the toes to the ball of the foot. That is, the length of the device or insert is from the toes to near the level, or the beginning, of the arch of the foot. In this specification, another name for the beginning of the foot arch is also known as the instep of the foot. FIGS. 5 and 10 shows the relationship between the length of the insert and the foot. FIGS. 1, 2, 3, 6, 7, 8 and 12 illustrate how different characteristics can be combined to create alternative embodiments of the insert.

The embodiment, as illustrated in FIG. 1 is composed of two parts, a cover 10 and a base 11 joined by a pivotal device, which in this embodiment is a living hinge 12. The cover and base can have any kind of hinge that causes the articulation of the parts, but preferred is the living hinge. In this embodiment, starting from the closed position the cover opens upwards and forwards. That is, the cover moves over its pivot point from the instep location towards the toes to expose the cavity or area that accommodates the foot. In other words, the cover opens distally, away from the ankle or foot, a forwarding opening device. In other variations, the cover and base may be joined pivotally in other places, for example on either side of the foot as illustrated in FIG. 6 22 or on one side of the foot as in FIG. 7. In FIG. 6, the cover opens proximally, towards the ankle or foot, a rear opening device, while in FIG. 7 the cover opens to one side of the foot, a side opening device. In all of these embodiments, the cover and the base spans at most half the length of the foot starting from the toes and ending at the instep or near the arch area of the foot as shown in the relative positions in FIGS. 5, 10, and 12.

The cover 10, is rigid and molded into a curved shape 38 that creates a cavity, FIG. 5 13, between the toenails and the inside surface of the cover when closed, whether the user is at rest or in motion. In this embodiment, FIGS. 1, 2 and 5, the edge of the cover near the instep is curved 9, to accommodate the curvature of the instep. In the closed position, the cover 10 forms a convex shape 39 above the separator 18 following the contour the foot and thus forming a matching contact between the cover 10 and separator 18. This convex shape 39 provides a stable and firm structural support for the cover preventing deformation of the cover under certain pressures or forces and maintains the patency of the space between the toes and cover.

In this embodiment, as shown in FIG. 1, the base 11 is made of rigid material and has a flat tray like shape with an edge designed to provide support for the toes and limit forward motion of the foot relative to the device. In other variations of the device, the base may have indentations/recess channels for the toes and/or ball of the foot. Another type of embodiment of the insert, the most preferred embodiment is shown in FIG. 12 in the closed position. In FIG. 12, the cover and base only make physical contact along the front end near the toes. The elastic band 20 secures the cover and base in the closed position at the instep level of the foot as shown in a side view of the insert in FIG. 12. This insert is comprised of a cover and base that do not make physical contact on the sides. That is, there are no sidewalls or sides and the toes are exposed to the ambient air on both sides of the insert 37. Therefore, left and right sides of the foot are exposed and visible through the sides of the insert. This allows for air circulation around the toes and provides extra room around the outer sides of the big toe and little toe. This particular design or embodiment also accommodates for some of the variations of foot widths in different individuals even though the length of the insert relevant to the foot that is up to the instep may be the same. Additionally, the insert will be available in different predetermined lengths to accommodate different foot lengths, however, the length of the device will always span from the toes to the instep of the foot as shown in FIGS. 5, 10 and 12 for any particular foot. The embodiments, consisting of cover and base, are made with thin, plastic, and heat resistant material. However, other materials may be used such as rigid foam. The inside surface of the base of the insert (facing the user's foot) can also be lined or layered with a soft material to increase the user's comfort or cushioning.

In FIG. 1, attached to the base are two pairs of toe straps 15 and 16. The toe straps are two pieces fastened by an adhesive type of material 17. In other variations of the device, there may be a strap for only one toe or straps for a plurality of toes. The straps can be structured as two pieces that fasten together 15, 16 or as a continuous strap wrapping around the toes as illustrated in FIG. 6, FIG. 7, and FIG. 8 21. In another variation, the strap may also be one continuous ribbon as shown in FIG. 11 a and FIG. 11 b that stabilizes the first and adjacent second toes. This continuous ribbon or ribbon toe strap 30, passes through the slits or apertures 36 as shown in FIG. 11 a and FIG. 11 b, located in the base on either side of the big and adjacent second toe. The slits or apertures on either side of the big and adjacent second toe are positioned and sized to prevent the ribbon from moving up the toe and touching the toenail. The slits are also found in the other embodiments, and are the holes or apertures through which the toe anchoring straps like 15 and 16 would pass. In the embodiment as shown in FIG. 11 a and FIG. 11 b, one end of the ribbon 34 is anchored between the padding on the base 33 and the base. Attached to the other end of the ribbon is a strip of Velcro 31, which secures the ribbon to the base by adhering to another strip of Velcro 32, located on the underside of the base. The Velcro 31, should be the “hook” side of the Velcro fastener as it is facing away from the floor and therefore less likely to adhere to certain floor coverings, such as carpets or similar materials. The Velcro 32, should be the “loop” side as it is more likely to come into contact with floor surfaces, and does not have the gripping characteristic of the “hook” side of the Velcro. This prevents it from sticking to carpets and similar surfaces. On the underside of the base is an anti-slip lining 35, which can be cut into the same shape as the base or in other shapes. The lining has a texture, which can create friction with the ground surface while walking and thereby reduce slipping during movements such as walking. As the ribbon 30 is narrow in width it does not interfere with the anti-slip lining 35 of the base. In another embodiment of this type, the base itself can be made of a material that creates some form of friction with floor surfaces and thereby reducing possible slippage between the base and the ground or the floor surface. Note that the described base anchoring system for the toes and the base friction qualities with the respect to the ground surface are not limited to the specific embodiments disclosed as other types of embodiments or configurations are possible.

In the preferred embodiments the device has a toe separator 18 is located between the big toe and the adjacent second toe that exceeds the height of each of the user's toes. In other embodiments, toe separators can be placed between some or all of the toes or there may be no separators (FIGS. 6, 8) at all. These variations are illustrated in FIG. 6, FIG. 7 and FIG. 8. For extra comfort to the user, the separators can be covered in soft padding.

In many of the embodiments, the left and right edges of the base contain two holes, slits or apertures 19 that allows the passage of an elastic band 20. These slits, apertures or openings completely penetrate the base and allow the elastic band to pass through for anchoring the device. The elastic band helps to keep the cover closed and the device secured to the user's foot. The band can be made of material other than elastic, can be adjustable and may also consist as a continuous piece of material (that is, as one continuous band encompassing the device). For this type of embodiment, on either side of the cover are cutouts creating two protruding edges or tabs or anchoring flaps 14. The band 20 is placed under the protruding edges or tabs as shown in FIG. 4 and FIG. 12 to reduce sliding of the band and securing the cover and device to the user's foot.

In an alternative embodiment, the device may have no elastic band, 20 and the cover may be kept closed through a system of attachments between the cover and base, including but not limited, to Velcro material as shown FIG. 8 23, 24, 25.

Although the insert can be used with any shoe, the shoe as seen in FIG. 9 and FIG. 10 is designed with a toe cavity that accommodates the insert to provide an extra comfortable feel. The shoe is structured such that, unlike most shoes, the top part fully opens as seen in the embodiment presented in FIG. 10 to allow the foot with attached insert to enter the shoe directly from above or from the side without forward sliding of the foot as may occur in conventional shoes. The top 28 is connected to the bottom by a closure such as a zipper. In other variations, other closure alternatives to zippers can be used, such as Velcro. In this particular embodiment, the zipper follows the pathway from the side of the shoe and continues around the front 26. In another variation, the zippers may run along either side of the shoe and when opened the top may be connected to the sole at a connective point near the toe. The shoe will have an outer sole 29, made of a durable and flexible material such as rubber, plastic or other, allowing the shoe to be worn on outdoor surfaces, and a soft inner sole 27 made of soft comfortable material. The shoe will be made of neoprene or other soft durable material that is semi rigid to maintain the shape of the shoe and retaining comfort and flexibility. The shoe can be constructed in varying styles including, but not limited to, a low cut version that ends just below the ankle as shown in this embodiment (FIGS. 9 and 10) or higher cut, like a boot. The shoe is designed to fit securely on the foot, allowing the user to walk or move comfortably at any pace with the insert on the user's foot.

Operation

In use, this pedicure protection system is provided in pairs, and is designed to be worn on the left and right foot. Although the following description and illustrations are directed primarily to the right foot pedicure protection system, it should be understood that the discussion is equally relevant to the left foot pedicure protection system. The purpose of the embodiments is to act as a protection device, that is placed on the foot before, during or after the application of toenail polish or toe treatment. The insert device is a separate entity from the shoe, and can be worn in a variety of shoes to protect a pedicure treatment from smudging or undoing any type of toe treatment.

During the pedicure process, the user wears the device, such as the embodiment illustrated in FIG. 3. The user slides their foot under the elastic band 20. This elastic band 20 stabilizes the device on the user's foot. The big toe and adjacent second toe are positioned on either side of the separator 18.

In the diagrammatic or schematic view of the preferred embodiment as shown in FIG. 11 a and FIG. 11 b, containing one continuous ribbon 30, the user loosens the ribbon by unbinding the Velcro on the underside of the base 32 from the Velcro on the ribbon 31 and pulling the ribbon to create a spacious loop to encompass the toes. The user's big toe and adjacent second toe are then placed through the loops created between the loosened ribbon and the base. The user then tightens the ribbon around the toes and secures them in place by adhering the Velcro 31 on the ribbon to the Velcro 32 on the base. The ribbon makes contact with the toe proximal to the toenail, to prevent smudging and is tight enough to limit motion of the big toe and the adjacent second toe. The Velcro 31 on the end of the ribbon is thick enough to prevent the ribbon from completely unraveling through the slits or apertures 36 on either side of the toes. When the user has no further need for the insert, the Velcro strips 31 and 32 are undone, the ribbon loosened and the insert is removed.

After toenail polish is applied, the user can also place their feet under the nail dryer while wearing the device. The hinge 12 or other type of attachment pivotally allows the cover to bend back far enough so that the foot can fit under a dryer unencumbered. The heat resistant plastic allows the user to sit under the dryer without the device getting too hot and causing skin discomfort. After the pedicure, the user can close the cover and secure the device to the foot with the band 20, for this particular embodiment, and can walk around with the device. Alternatively, the user may decide to use shoes and they can then protect their pedicure by wearing the device as shown in the embodiment of FIG. 5. In the closed position, the cover 10 is secured closed by anchoring the elastic band 20 under the anchoring protruding flaps or tabs 14. The open sided cover 37 as in FIG. 12, the most preferred embodiment, allows for proper ventilation for the toes and toenails.

The design of this footwear or device provides the user with a pedicure protection device that can be worn interchangeably with any shoes and at any point during the treatment. The disclosed invention is not limited to the specific embodiments described, as many other forms or type of embodiments are possible with the device or combination of insert and shoe. 

1. Footwear for use during or after a pedicure comprising: a) a base and a cover; b) toe straps; c) a separator connected with said base to make physical contact with said cover and configured to accommodate the big and adjacent second toe; d) said cover contains anchoring tabs; e) said base contains two separate apertures that completely penetrate the structure of said base; f) a band configured to secure said footwear to wearer's forefoot; g) said base and said cover consisting of a length configured to encompass only the wearer's forefoot from the toes to the instep; and h) said cover pivotally connected to said base and opens upwards and forwards over said base.
 2. Footwear according to claim 1, wherein said base consists of slits for the passage of toe straps.
 3. Footwear according to claim 1, wherein said toe straps are continuous ribbon straps configured to anchor and secure the user's toes.
 4. Footwear according to claim 1, wherein said base comprises: a. Velcro material on the underside of said base; and b. Velcro material on the continuous ribbon strap.
 5. Footwear according to claim 1 wherein said cover has a convex shape at the area of contact with said separator.
 6. Footwear according to claim 1, wherein said footwear further comprising: a) rigidity to maintain its shape and easily inserted into shoes; b) flexibility so the user can comfortably engage in walking activity with or without shoes; c) heat resistance to with stand the use of a dryer configured for drying the user's toenails without any skin discomfort; and d) a contoured curvature of said cover and said base configured to accommodate and conform to the curvature of the instep.
 7. Footwear according to claim 1, wherein said footwear consists of a layer of cushioning on the inside surface to facilitate comfortable walking stride.
 8. Footwear for use during or after a pedicure comprising: a) a base and a cover; b) toe straps; c) a separator connected with said base and configured to make physical contact with said cover; d) said cover contains anchoring tabs; e) said base contains two separate apertures that completely penetrate the structure of said base; f) a band configured to secure said footwear to wearer's forefoot; g) said base and said cover consisting of a length configured to encompass only the wearer's forefoot from the toes to the instep; h) said cover pivotally connected to said base and opens upwards and forwards over said base; and i) said cover consists of open sides.
 9. Footwear for use during or after a pedicure comprising: a) a base and a cover; b) toe straps; c) a separator connected with said base and configured to make physical contact with said cover; d) said cover contains anchoring tabs; e) said base contains two separate apertures that completely penetrate the structure of said base; f) a band configured to secure said footwear to wearer's forefoot; g) said base and said cover consisting of a length configured to encompass only the wearer's forefoot from the toes to the instep; h) said cover has a convex shape at the area of contact with said separator; i) said cover pivotally connected to said base and opens upwards and forwards over said base; and j) said cover consists of open sides. 